The Meaning of Investment Facilitation in International Investment Laws and China’s Future Path

Lin Jian

Abstract: The investment facilitation issue has attracted extensive global attention. In recent

years, increasingly more international investment treaties (IITs) have mentioned investment facilitation rules, additional domestic investment policies and laws have stipulated investment facilitation measures, and the World Trade Organization (WTO) has started negotiations on the investment facilitation agreement. However, as a result of the wide range of investment facilitation measures, the international community still does not fully understand the basic nature of this concept. Considering this, based on the changes and development of complex international contexts including law, economics, and politics, as well as the text of investment facilitation rules included in IITs, research on the meaning and value of investment facilitation will contribute to the development of its concepts and norms. Investment facilitation is a series of measures that states take to initiate foreign direct investment in order to promote domestic development. In terms of values, investment facilitation rules not only focus on instrumental value as their extrinsic value, but also emphasize intrinsic value such as ability value and purpose value. Guidance related to this concept is a basic research topic. China still lacks innovative reforms regarding international investment facilitation rules. Its feasible path is to promote normalization and cross-border cooperation related to regional investment facilitation while seeking to innovate rules that embody its ability value and purpose value.

Keywords: International Investment Treaties (IITs), Investment Facilitation, Institutional Governance, Sustainable Development